In principle, the judicial system is founded on fairness, requiring that guilt or innocence be established based on evidence.
All parties including judges, defendants, and plaintiffs should be engaged in a rigorous process of fact presentation and scrutiny.
However, in stark contrast, political systems often prioritize rule manipulation and fact distortion, seeking validation over truth. This critical distinction between politics and jurisprudence becomes dangerously blurred when examining the conduct of medical boards who are trying to mix these and care about the politics of being “right” rather than seeking the truth.
From a legal standpoint, the actions of these medical boards are problematic, as they often bypass fundamental judicial principles. Rather than upholding justice rooted in evidence and due process, these boards sometimes create their own narrative by twisting facts and establishing arbitrary standards for assessing physician actions. This unchecked power transforms them into entities reminiscent of organized crime syndicates, where accountability is alarmingly absent.
A significant factor exacerbating this overreach is the mindset of prosecutors working for medical boards. These individuals often demonstrate a one-track mentality, relentlessly pursuing validation for their preconceived conclusions while disregarding any evidence that contradicts their stance. This approach signifies a departure from the impartial fact-finding process expected in legal environments, contributing to the devastating ruin of physicians’ careers. Any objection to their predetermined verdict is labeled as “lack of remorse” on the physician’s part. This huge desire by the prosecutor to prove that the physician is “at wrong” often has nothing to do with “the truth” but only for them to be “at right” for any reason and in this particular case claimed to be closer to her retirement not wanting to “shake any trees.”
Physicians, trained to focus on patient care rather than legal defense, are ill-equipped to confront such powerful adversaries. Even when attorneys are hired, they frequently encounter insurmountable challenges in opposing medical boards that operate under erroneous and unchecked authority. The boards’ pressure often compels physicians to settle disputes rather than mount strong legal defenses. This is a tactic that undermines the principles of justice and due process.
This overreach by some medical boards does not only threaten individual physicians but also weakens the health care system at large. It distracts from patient care, influencing the quality of services delivered to those in need, contrary to the board’s stated mission of safeguarding patient safety.
Legally, the incentives driving these boards, in particular the financial rewards linked to investigations, would raise significant ethical and judicial concerns. The employment of paid “experts” to manipulate facts undermines legal standards and subverts the mission of truth-seeking inherent in judicial processes. Alarmingly, the judiciary, whether by assumption of board infallibility or complicity, has thus far failed to rectify this systemic corruption, allowing the erosion of legal integrity to continue unchecked.
The legal stance must clearly assert that each individual faced by a medical board deserves fairness and due process considering factual evidence, not paid expert’s “gut feeling.” While some individuals may exploit the system for personal gain, the predominant “guilty until proven innocent” approach is antithetical to fundamental legal rights. Cases triggered by baseless accusations, which often rely on dubious expertise and result in significant mental, emotional, and reputational harm, highlight the urgent need for reform.
Ultimately, this troubling legal landscape demands immediate reevaluation and accountability measures from both government and medical boards. This reform is essential not only to uphold the integrity of the health care system but also to restore trust in the judiciary’s ability to govern fairly and justly, ensuring that physicians and patients alike are respected and protected under the law.
Kayvan Haddadan is a physiatrist and pain management physician.
